Description Will of Allan A. Ferguson of Pictou, NS

(Handwritten) 

I Allan A. Ferguson of Pictou in the County of Pictou, Esquire, do make and publish my last Will and Testament as follows: -------

1. I hereby revoke all former wills by me made.

2. I will and bequeath to my son Allan A. Ferguson my gold watch and chain.

3. I will and devise to my brother-in-law Robert Williamson, for the term of his natural life he farm owned by me at Loch Broom in said County of Pictou, and at his death I will and devise the same to his son William Williamson--- in fee

4. Out of my general estate as soon as may be after my death I direct my executrix and executors to realize and pay over to my children such sums as may be lawfully receivable by them at my death under the will of my Brother James Ferguson of Leswahagen, Scotland, deceased. My executrix and executors will find an exact account of said sums in a memorandum in my hand writing filed or enclosed with this my will.

5. I direct my executrix and executors to pay to each of my daughters. Eliza and Frances Edith, the sum of four hundred dollars (said sums to be expended by each of my said daughters for the purpose of purchasing a piano and house furnishings.

6. I will devise and bequeath my dwelling house and premises, with the field in front thereof, the two fields in rear thereof, the field known as the "McKiel Field" and also the fields known as the "Bride Fields" all situate at the west end of the Town of Pictou and all the furniture household goods and effects in and about the said dwelling house and premises, to my son Allan A. Ferguson upon the condition however that he is to provide a suitable home therein for such of his sisters as may be unmarried so long as they or either of them see fit to live with him.

7. All the rest and residue of my real and personal estate including the dwelling house and premises situated on Spring Garden Road, Halifax, all money and all investments except such parts of my estate as are herein specifically bequeathed or devised I direct my executrix and executors after deducting the eight hundred dollars mentioned on the 5th. clause hereof to divide into nine equal shares or parts, and if necessary for the purpose of such division to convert said residue into money.

And I will devise and bequeath one of said shares to each of my children me surviving except my daughter Christina wife of Hugh R. Little. And one share to be equally divided among the children of each of such of my children as shall die before me leaving children me surviving except the children or descendents of the said Christina Little. If any of my children shall die before me leaving no descendents surviving at my death, the shares that would have gone to him or her under the preceding words of this clause -if he or she were alive at the time of my death shall go in equal shares to my children me surviving or the descendents of such as shall die before me in equal shares Prer stirfses.

8. The remaining ninth part or share of said residue I direct my executrix and executors to convert into money and after deducting therefrom the sum of six hundred dollars (said sums being part of the charges and expenses incurred by me in convection with a certain suit or action brought against me and my late wife by one Christina Little by Writ of Summons dated 26th October A.D. 1891) to pay the balance remaining of said ninth part or share to the said Catherine Little for her sole and separate use absolutely free from and without being subject to the debts or control of her present or any future husband, with full power and authority to the said Christina Little to dispose of the same by will or otherwise without the consent of her present or any future husband.

9. The sum of six hundred dollars deducted from the ninth part of my estate or the residue thereof as mentioned in the 8th. clause of this will shall be divided by my executrix and executors among my children me surviving except the said Christina Little, And the descendants f such of my children as shall die before me leaving issue Prer stirfses, except the descendents of the said Christina Little.

10. In this will by the word "descendents" are me and "live' al descendents.

11. The fifth clause of this will shall be construed severally as to each of my daughters named therein.

12. In the event of my son Allan A. Ferguson failing or refusing to carry out the proviso set out in the 6th. clause of this will or in case of his death before me and leaving no children, or in the event of his death leaving no children or descendents and without having sold or disposed by will of the property mentioned in said 6th. clause I will and devise the said property to my executrix and executors in trust to sell the same and divide the proceeds equally among my children and their descendents Prer strifses.

13. In case any of my children or descendents or any person interested in the provisions of this my will or in the property therein disposed of or referred to shall contest this will or attempt to prevent the proof thereof or to alter amend or set aside the same or any part thereof, or shall take any proceedings with a view to defeat my intentions with respect to my estate as the same are expressed in this will, such child descendent or person shall forth --with forfeit every and all legacies, devises remainder benefits and advantages provided for him or her or in which he or she may be interested under the provisions of this into the residue of my estate and shall be divided and distributed as part of said residue under the previous provisions of this will.

14. I hereby appoint my daughter Anna Margaret Callau wife of Rev. John Callau, executrix and my son-in-law William H. Junouau and John W. MacKay of Pictou in the County of Pictou, to be executors of this my Will. The said John W. MacKay shall advise my executrix and other executor and do all th egal business in and about the settlement of my estate and the administration of the trust created by or arising out of the provisions of this will and shall receive therefor the usual and reasonable solicitors and counsels fees; And in lieu of commission shall receive the sum of one hundred dollars. Signed at Pictou this day of A.D. 1900.

Note: *****no signature for Allan A. Ferguson, witnesses or verification by a Registrar of Probate or stamp from Registrar of Deeds.

Signed and declared by the testator Allan A. Ferguson as and for his last Will and Testament in the presence of us, (both being present at the same time) who at his request and in his presence, and in the presence of each other have hereunto subscribed our names as witnesses.